New York A09641 prohibits employers from using algorithmic wage-setting, with exceptions, and establishes penalties and a private right of action.
New York A09641 amends the labor law to prohibit employers from using algorithmic wage-setting, defined as using an automated decision system to inform individualized wages based on surveillance data. Exceptions are made for wages based on task-specific data or cost differences to employees. Employers must disclose what data is considered and how it is used in wage-setting. Violations incur civil penalties up to $10,000 per violation per employee, with the attorney general able to seek costs and fees.
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